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Event Information
ID: 2796
Type: Weighted Attribute RFB
Owner: Mack Wiens
Category: Ties
Start Time: Nov 23, 2011 3:30:00PM CST
End Time: Nov 23, 2011 3:48:00PM CST
Decision Rule: Winner Determined by Event Owner
Anonymity Level: Winner Yes/No Only
Bid Specification:
BIDS MUST BE SUBMITTED BY EMAIL TO mack.wiens@bnsf.comPriceYes
Winner: Awarded to no one
Forms of Payment Other - See Item Description
Free on Board (FOB) Other - See Item Description
Terms Other - See Item Description
Shipping Options Other - See Item Description
Nov 18, 2011 12:33:27PM CSTBID
Burlington Northern Santa Fe
Manager Asset Disposition
Strategic Sourcing and Supply
2500 Lou Menk Dr.
Fort Worth, TX 76131-2828
Phone: (817) 352-2436
Fax: (817) 352-2651

November 7, 2011
File: 17-2012 Tie Removal

BNSF Railway Company (hereinafter referred to as BNSF) request your proposals for the purchase, pickup and removal of scrap railroad ties which are found within the work limits of BNSF’s scheduled tie gangs, regardless of when those ties were removed, for 2012 with an option for up to two (2) additional years.


Purchaser shall, and shall cause each other Purchaser Person to, comply with BNSF safety rules while on BNSF property and while performing Permitted Activities under this Agreement. Prior to entering BNSF property, Purchaser shall, and shall cause each other Purchaser Person to, secure, review and at all times comply with BNSF's safety rules. Purchaser shall contact the contact person for a current copy of BNSF's safety rules.
Purchaser shall ensure that each Purchaser Person completes BNSF's Engineering Contractor Safety Orientation (found on the website before any work is performed on BNSF property. Additionally, Purchaser shall ensure that each Purchaser Person possesses a card certifying completion of the BNSF Engineering Contractor Safety Orientation before entering BNSF property. Purchaser is responsible for the cost of the BNSF Engineering Contractor Safety Orientation. Purchaser shall cause each Purchaser Person to renew the BNSF Engineering Contractor Safety Orientation annually. Further clarification can be found on the website ( or from the contact person. Notwithstanding the foregoing, it is agreed and understood that Purchaser shall have ultimate responsibility for supervision, safe work methods and practices of the Purchaser Persons.
Personal protective equipment used on BNSF Property shall meet applicable OSHA and ANSI specifications. Current BNSF personal protective equipment requirements are listed on the website (, however a partial list of the requirements include: (i) safety glasses: permanently affixed side shields; no yellow lenses; (ii) hard hats with high visibility orange cover; (iii) safety shoes: hardened toe, above-the-ankle lace-up with a defined heel and (iv) high-visibility retro-reflective orange vests, as specified by the BNSF Field Supervisor. Hearing protection, fall protection and respirators will be worn as required by state and federal Law.

Purchaser shall have a background investigation performed on each Purchaser Person who will be performing any Permitted Activities under this Agreement: (i) on BNSF's property; (ii) that requires access to BNSF Critical Infrastructure, BNSF Critical Information Systems, BNSF's Employees, Hazardous Materials on BNSF's property or being transported by or otherwise in the custody of BNSF, or Freight in Transit involving BNSF; or (iii) as determined by BNSF in its sole discretion.
The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE program as outlined at, in addition to any other applicable regulatory requirements.
Purchaser shall obtain written consent from each Purchaser Person screened in compliance with the e-RAILSAFE program to participate in the program on their behalf and to release completed background information to BNSF's designee. Purchaser shall be subject to periodic audit to ensure compliance.
Purchaser shall not permit any Purchaser Person to perform Permitted Activities hereunder who is not first approved under e-RAILSAFE program standards. BNSF shall have the right to deny entry onto its premises or access as described in this Section to any person who does not display the authorized identification badge issued by a background screening service meeting the standards set forth for the e-RAILSAFE program, or who, in BNSF's sole discretion, poses a threat to the safety or security of BNSF's operations, assets or personnel.
Purchaser shall be responsible for ensuring that each Purchaser Person is a United States citizen or legally working in the United States under a lawful and appropriate work VISA or other work authorization.


1. The successful Purchaser will provide all necessary supervision, manpower, and equipment to immediately pick up and remove all their ties and parts there of taken out of the track structure by the tie gang. In the event the Purchaser’s tie pick up and removal of their ties from BNSF right of way exceeds three (3) days after the last day of the tie gangs installation on each project, the Purchaser shall pay for all charges incurred by the BNSF in providing on track protection for the Purchaser’s removal of their ties.

2. The successful Purchaser, and their agents, must have the equipment and expertise to work within the tie gangs limits and must have the capabilities and equipment to remove their ties on track as well as off track

3. If the successful Purchaser chooses to utilize an Agent, Purchaser shall identify by name all of their probable Agents, extent of their participation, and equipment to be furnished with respect to the bid proposal submitted to assist the BNSF in evaluating the bid(s) they receive. Note: Successful Purchasers awarded a Sale Agreement will manage their respective Agents. Failure by the Purchaser to manage its Agent(s) and their personnel and/or equipment will be grounds for termination of their Agreement at the discretion of the Manager Asset Disposition.

4. The successful Purchaser will, on a daily basis, pick up and stockpile all their ties removed from the track structure by the tie gang they are following. The successful Purchaser will be allowed to stockpile their ties on BNSF’s property for a period of thirty

(30) days following the completion of the tie gang’s installation on each project. Any sorting, bundling and removal of Purchaser’s reusable ties must be completed within this time period. Purchaser must notify BNSF of all reusable ties remaining on BNSF’s property beyond 30 days. Ties remaining on BNSF’s property beyond 30 days without notification from Purchaser or an approved Appeal by Purchaser for additional days will be BNSF’s property and as such can be disposed of or sold at its discretion. Purchaser’s ties must be stockpiled at locations agreed upon by BNSF’s field personnel. Stockpiles must be at least 25 feet from the nearest track and at least 350 feet either side of roadway crossings (individual State laws may require greater distances and Purchaser must comply with those laws). Total height of the stockpile is limited to 7 feet above top of rail to allow a locomotive headlight to be seen over the stockpile. Stockpiles shall be limited in location and height so that they are not a hazard to the visibility of motorist using the crossing.

NOTE: In some locations, BNSF may pickup the ties with a car topper and car mover, load into railcars and move to a suitable location and unload into stockpiles. The successful Purchaser will then be responsible for sorting and loading as described above.

5. The successful Purchaser shall furnish all necessary labor and equipment for the loading of whole and pieces of scrap ties into rail cars provided by BNSF for movement to BNSF approved disposal facilities within the 30 days immediately following the completion of tie installation on each project. All scrap tie stockpiles must be at locations where rail cars can be spotted, such as Industrial tracks, set out tracks and yard tracks. Purchaser must notify BNSF at least 24 hours in advance of completion of loading cars. After completion of removal, loading and site clean up; Purchaser must notify BNSF of project completion.

6. It is the Purchaser’s responsibility to determine the necessary number of rail cars and location required for loading of scrap tie materials from each project. The purchaser shall be responsible to order their own BNSF company service gondolas. The Purchaser shall be responsible for all way billing of the rail cars through BNSF, as well as tracking their own car movements to and from the project sites and the applicable disposal facility.

7. Purchaser shall assume an average complete cycle time for rail movement of all their cars at 30 days. Cycle time being from the time they are released-loaded until they are placed at the next loading location; exclusive of the time for the Purchaser’s unloading at the disposal facility and each car’s rebilling to the next project site. Delays encountered by the Purchaser for improper billing by the Purchaser will not be included in the cycle time of 30-day average of all cars.


Listed below for your reference and information are BNSF’s 2012 Tie Gang Work Program and Gang Lineup. Please keep in mind the number of ties and locations provided in the Work Program ARE SUBJECT TO CHANGE.

TP 01 336,904 SW, CA, SPF
TP 02 298,598 SW, CA, SPF
TP 03 283,448 CH, SPF
TP 04 282,077 NW, CO, MT
TP 05 283,014 TX, GU, CO, SW
TP 06 287,734 CA, CO, MT
TP 07 282,844 SPF, NE, TC, CA, SPF
TP 08 313,969 GU, TX, TC
TP 09 282,655 TX, GU, SW, CO
TP 11 326,606 TX, GU, TC
TP 12 249,361 NE, SPF, TC, CH

CA California
CH Chicago
CO Colorado
GU Gulf
KS Kansas
MT Montana
NE Nebraska
NW Northwest
PR Powder River
SPF Springfield
SW Southwest
TC Twin Cities
TX Texas


All ties are sold on a PER TON basis. Payment for ties will be made on a monthly basis. Payment shall be made on or before the 10th day of the month following removal of ties. Purchaser shall issue payment in the form of a check.


The successful Purchaser will be required to provide a daily written report of their activities in a form specified by BNSF.

a) Purchaser shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage:
i. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but in no event less than the amount otherwise carried by Purchaser. Coverage must be purchased on a post-2004 ISO occurrence form or equivalent and include coverage for, but not limited to, the following:
 Bodily injury and property damage; and
 Personal injury and advertising injury; and
 Fire legal liability; and
 Products and completed operations.
This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance:
 The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property; and
 Waiver of subrogation acceptable to BNSF; and
 Additional insured endorsement in favor of BNSF and acceptable to BNSF; and
 Separation of insureds; and
 The policy shall be primary and non-contributing with respect to any insurance carried by BNSF.
It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(ies) required herein are intended to apply to employees of the policy holder and shall not apply to BNSF employees.
No other endorsements limiting coverage as respects to obligations under this Agreement or work being performed under this Agreement may be included on the policy.
ii. Business Automobile insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to, the following:
 Bodily injury and property damage; and
 Any and all vehicles owned, used or hired.
This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance:
 Waiver of subrogation acceptable to BNSF; and
 Additional insured endorsement acceptable to BNSF; and
 Separation of insureds; and
 The policy shall be primary and non-contributing with respect to any insurance carried by BNSF.
iii. Workers' Compensation and Employers' Liability insurance including coverage for, but not limited to:
 Purchaser's statutory liability under the workers' compensation laws of the state(s) in which any removal or other services are to be performed. If optional under state law, the insurance must cover all employees anyway; and
 Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee.
This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance:
 Waiver of subrogation acceptable to BNSF
b) Where allowable by Law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages.
c) Purchaser agrees to waive its right of recovery against BNSF for all claims and lawsuits against BNSF. In addition, Purchaser's insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against BNSF for all claims and lawsuits. Purchaser further waives its right of recovery, and its insurers also waive their right of subrogation, against BNSF for loss of its owned or leased property or property under Purchaser's care, custody or control.
d) Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above.
e) Purchaser is not allowed to self-insure without the prior written consent of BNSF. If granted by BNSF, any self-insured retention or other financial responsibility for claims shall be covered directly by Purchaser in lieu of insurance. Any and all BNSF Liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Purchaser's insurance will be covered as if Purchaser elected not to include a deductible, self-insured retention or other financial responsibility for claims.
f) Prior to commencing any work hereunder, Purchaser shall furnish to BNSF an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments.
g) The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify BNSF in writing at least thirty (30) days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance.
h) If coverage is purchased on a "claims made" basis, Purchaser hereby agrees to maintain coverage in force for a minimum of three (3) years after expiration, cancellation or termination of this Agreement. Annually Purchaser agrees to provide evidence of such coverage as required hereunder. It is mutually understood and agreed that the obligations of Purchaser set forth or referenced in this subsection (h) shall survive any termination of this Agreement.
i) Any insurance policy shall be written by a reputable insurance company acceptable to BNSF or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which any removal or other service is to be provided.
j) Purchaser represents that this Agreement has been thoroughly reviewed by Purchaser's insurance agent(s)/broker(s), who have been instructed by Purchaser to procure the insurance coverage required by this Agreement.
k) Not more frequently than once every five (5) years, BNSF may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry.
l) If any portion of the operation is to be delegated, assigned or subcontracted by Purchaser, Purchaser shall require that the delegatee, assignee or subcontractor shall provide and maintain insurance coverages as set forth herein, naming BNSF as an additional insured, and shall require that the delegatee, assignee or subcontractor shall release, defend, indemnify and hold the BNSF Indemnified Parties harmless to the same extent and under the same terms and conditions as Purchaser is required to release, defend, indemnify and hold the BNSF Indemnified Parties harmless herein.
m) Failure to provide evidence as required by this Section shall entitle, but not require, BNSF to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this Section shall not operate as a waiver of Purchaser's obligations hereunder.
n) The fact that insurance (including, without limitation, self-insurance) is obtained by Purchaser shall not be deemed to release or diminish the liability of Purchaser, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by BNSF shall not be limited by the amount of the required insurance coverage.
o) In the event of a claim or lawsuit involving BNSF arising out of this Agreement, Purchaser shall make available any required policy covering such claim or lawsuit.
p) For purposes of this Section, BNSF shall mean "Burlington Northern Santa Fe, LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each.


BNSF does not warrant or guarantee the quality and/or quantity of the ties purchased. All bids should be submitted with the understanding the sale is on an “AS IS, WHERE IS” basis. The quantity of ties shown is based on historical data and does not guarantee or represent actual numbers. Periodically the work of the tie replacement gangs may be increased, reduced or discontinued. The estimated numbers for each project may change at anytime during the year and the awarded locations may change. The successful Purchaser should expect that these changes could occur and must understand that BNSF will not be responsible for the Purchaser’s “move in” or “start up” costs.


BNSF reserves the right to accept or reject any part and all bids received. If it is your election to not bid, please respond “NO BID”.


This bid request is for the purchase, pick up and removal of ties by Tie Gang. Your bid proposal should identify which Tie Gang or Tie Gangs you are bidding on and your purchase price on an per ton basis (14.5 ties = 1 Net Ton). If the bidder desires to submit an alternative proposal, they must submit the basic proposal and attach their alternative proposal with sufficient detail so that the alternative can be properly evaluated.

The following gangs will be bid separately:
TP 1, TP 2, TP3, TP4, TP6, TP 7, TP10, TP12

The following gangs will be bid together as one:
TP 5 and 9
TP 8 and 11


BNSF tie projects may cross Native American Reservations. The Reservations have the option to salvage ties. If they choose to do so, the Purchaser may be required to pick up and stockpile ties at least 25 feet from track so the Reservation members may recover them. When they have collected all the ties, the Purchaser may be required to order and load rail cars with any remaining ties the Reservation did not recover. For 2012 Projects the following states may be impacted: Montana, Arizona and New Mexico. Please provide your cost to perform this service.

Bids must be sent by Email to or faxed to 817-352-2651.

Bid closing is 4 P.M., Central Time on Wednesday, November 23, 2011.

M.D. Wiens.
Manager Asset Disposition
Burlington Northern and Santa Fe Railway Company

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Event Audit Trail
Nov 18, 2011 12:41:10PM CSTMack WiensEvent Posted

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